Under the Enterprise Act the Secretary of State can intervene in the public interest where issues of media plurality arise. The requirement is to ensure that the media represents a multiplicity of differing views. Vince Cable has asked the UK's media regulator, Ofcom, to send him a report by 31 December 2010 on whether the deal raises concerns with respect to media plurality. On the basis of this report, Vince Cable will decide whether to refer the matter to the Competition Commission for a more detailed investigation. In parallel, the European Commission is currently assessing the proposed acquisition under EU merger law and its initial investigation is due to conclude on 8 December 2010. The fact that the European Commission has jurisdiction over the competition aspects of the case does not detract from the right of the UK government to deal with the public interest angle.
If you have any questions about any of the issues raised in this briefing, please contact
Rachel Bickler, Managing Associate
T +32 (0) 2 626 07 40 or
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